Thursday, 25 September 2014

What does the Law say about Observing a Pedestrian in a Crosswalk?

If you live in a city,
which most of us do, you understand the headache of the daily traffic
routine. Most people appreciate the basic rules of the road, but not all
people truly recognize that they have a duty to pedestrians as well as
other vehicles. Drivers have a duty to take proper precautions towards
pedestrians crossing the road in crosswalks and, in some instances,
parts of the roads that do not have crosswalks available. Pedestrians
have the right to travel safely across roadways just as much as
drivers. West's F. S. A. § 316.185; § 316.130.

WHO IS TO BLAME WHEN A PEDESTRIAN INJURY OCCURS?

The answer to this question is not as cut and dry as one may think. Like
most legal issues, it depends on the circumstances. In general, the
driver and the person crossing the road both have a duty to be equally
cautious when entering heavily trafficked areas. West's F.S.A. §
316.185. You also have a duty to alter your actions according to any
possible unsafe conditions to yourself and other people on the road:
this means pedestrians too. If one party fails to take proper
precautions, or does not take due care to avoid an accident, that person
could be liable for any injury that takes place. FL ST § 316.075

WHAT ARE THE INTERSECTION RULES?

If you pull up to a stoplight, the law requires you to come to a
complete stop before the crosswalk. This includes those right turns on
red lights. Some people just check the traffic and make that right turn
as long as no cars are coming their way. Not so fast! There could be
people on your right hand side with a signal to cross the road.

Drivers must also come to a complete stop before the crosswalk, and
allow any people to cross the intersection when the persons have a
signal to cross. Clearly, if a person is already in the crosswalk when
you come upon the traffic signal, you must yield to the pedestrian.

Furthermore, if crosswalks are present, pedestrian must use the
crosswalks and crosswalk signals to cross traffic. FL ST § 316.130

WHAT ABOUT PEOPLE CROSSING OUTSIDE OF A CROSSWALK?

People crossing a road at a section of the road without a crosswalk are
not allowed to quickly enter the road without warning. Additionally,
pedestrians entering the roadway at areas not marked as crosswalk zones
must yield to all vehicles. You also may be breaking the law depending
on your local jay-walking statute.

With all that being said, drivers cannot simply ignore people entering
the road at areas of the road where crosswalks are not present. Anyone
on the road has a duty to take proper care to pedestrians entering the
traffic. A driver needs to be cautious of any people entering traffic
at all times, and they must take proper precautions to avoid injury
pedestrians. If someone does not take due care while operating a vehicle
and a pedestrian is injured, the driver could still be liable even if
the person was crossing the road at area not marked with a crosswalk.
FL ST § 316.130; FL ST § 316.185

HOW COMMON ARE PEDESTRIAN RELATED INJURIES?

The elderly and children are most likely the victims in pedestrian
accidents. Moreover, pedestrians are far less likely to be injured at a
crosswalk location rather than a location where no crosswalk is present. Statistically-speaking, using a crosswalk is the safest mode for crossing a street. The following statistics are courtesy of the NHTSA and the CDC:

Nearly 4,200 pedestrians a year are killed in traffic accidents.

Senior citizens accounted for nearly 20% of pedestrian deaths.

Children under the age of 15 years old made up nearly 23% of all pedestrian traffic injuries.

Males are more likely to be killed in pedestrian accidents.

Roads without the availability of crosswalks accounted for 42% of all pedestrian deaths.

Florida, Texas, and California have the highest percentages of pedestrian fatalities.

More pedestrian are killed in accidents on January 1st than any other day of the year.

The deadliest cities for pedestrians are New York, Los Angeles, Chicago, Phoenix, and Houston.

CONTACT TAMPA BAY AREA PERSONAL INJURY AND CIVIL TRIAL FIRM DOLMAN LAW GROUP

Sometimes it is not really all clear who is blameworthy when pedestrians
are injured. Drivers and pedestrians both have a duty to take proper
precautions so that they do not put others in dangers way. Furthermore,
just because you were the one who injured someone else does not
necessarily mean you are liable for the injury and vice versa.

Due to the fact that liability is sometimes unclear, it is imperative
you contact an experienced personal injury attorney. If you, or someone
you know, have been injured in a pedestrian-related accident, you should
consult with a law firm with experience handling accident, personal
injury claims. Contacting an experienced personal injury attorney will
increase the likelihood that you, the victim, collect the maximum award
for your injuries, pain and suffering, or future loss of income.